Problem: A jury finds David Defendant intentionally ran his car over Vicki Victim and convicted him of murder.
David believes the jury failed to properly weigh the evidence and foolishly disregarded the testimony of David's expert witness. David's expert has excellent credentials and an international reputation as an authority on traffic accidents.
You are David's attorney. You talk with jurors after the trial and are told the jurors didn't pay much attention to the expert's testimony as they had a hard time hearing the expert.
David wants to appeal his conviction on the grounds that the jury should have paid better attention. What do you tell David about his chance of a successful appeal?
A. His appeal will almost certainly be unsuccessful as the appeal is not based on a judge's error about the law.
B. If jurors are willing to testify before the appeals court, his chance of a successful appeal is excellent.